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STANDARD OIL COMPANY v. UNITED STATES

No. 10, Docket 28822.

338 F.2d 4 (1964)

STANDARD OIL COMPANY (NEW JERSEY), Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided November 5, 1964.

Attorney(s) appearing for the Case

D. Nelson Adams, New York City (Joel J. Cohen, New York City, on the brief), for appellant.

Vincent L. Broderick, Chief Asst. U. S. Atty., for the Southern District of New York (Harry Marselli, Department of Justice, on the brief), for appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

This appeal raises interesting questions concerning the construction of the excess profit provisions of the 1939 Internal Revenue Code. Standard Oil Company (New Jersey) brought an action in the United States District Court for the Southern District of New York to recover $2,181,489.88 paid as interest on asserted "potential deficiencies" in its consolidated excess profits tax returns for the years 1943 and 1944. Chief Judge Ryan granted the...

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